By Zweli Martin Dlamini

MBABANE:Paul Dlamini,the Chairman of Liqoqo King’s Advisory Council says he is not aware of the moves to force Chief Justice(CJ) Bheki Maphalala to resign.

The King’s Principal Advisor was contacted by this Swaziland News seeking clarity if the matter has reached the attention of the King’s Advisory Council.

It has been reported by this publication that, the Judiciary is currently grounded as King Mswati refuses to appoint the Judicial Service Commission(JSC) pending the resignation of the CJ.

The alleged looming removal of the Chief Justice “is currently being handled at the highest level, Maphalala is allegedly refusing to resign and backed by powerful capitalists that include SwaziPharm Director Kareem Ashraff.

On Wednesday, two(2) Judges of the High Court independently confirmed to this publication that, a new chapter in the Judiciary without CJ Bheki Maphalala is looming.

But Liqoqo Chairman Paul Dlamini maintained that, the matter hasn’t reached the King’s Liqoqo Advisory Council.

“Sivusela wena Hlubi.On the question of the Chief Justice having been asked to file a resignation, I have no idea Nkhosi,I’m sorry. No not that I know of, also, about his future,I honestly have no idea. With thanks,Nkhosi”, said the Liqoqo Chairman in a message sent to this journalist on Thursday evening.

But a Judge of the High Court who spoke to this publication on condition of anonymity confirmed that, the Judiciary “is currently grounded amid Chief Justice Bheki Maphalala’s refusal to resign, King Mswati has allegedly delayed the appointment of the Judicial Service Commission(JSC) amid the power-struggle in the corridors of power as the CJ refuses to step down.

“I was informed that,one of the reasons behind the delay in the appointment of the JSC is that,the King wants the incoming new Chief Justice to start working with new members of the Judicial Service Commission,”said the Judge.

Another Judge who was speaking to this publication advised the King to consider approaching the Law Society of Eswatini(LSS) for a candidate member to strengthen the new JSC.

“The law stipulates that a lawyer must be a member of the JSC but sometimes,those who advise the King would just pick any lawyer yet it is the Law Society that must recommend the lawyer.We have credible lawyers who can represent the Law Society in the JSC and that lawyer must be recommended by the Law Society itself. Sometimes we wish to advise but it’s difficult to meet the King so we hope that, he will get the advice because he reads these articles. We last had a strong JSC under His Royal Highness Prince David and,if the JSC is weak and failing to hold even the incoming new Chief Justice accountable, then we will have a problem”, said the Honorable Judge.

Reached for comments on Wednesday evening, King’s Spokesperson Percy Simelane said, the King would appreciate advice but clarified that, the advice should be in accordance with the Constitution.

“Our experience is that the King relies on advice based on the  Eswatini Constitution.If there are improvements to be made in the appointments,they surely have to be debated in Parliament to qualify any change in procedure” said the King’s Spokesperson.

Simelane maintained that,even if the advice could come from the Law Society, it must be a constitutional advice because the King appoints the JSC in accordance with the law.

Chief Justice Bheki Maphalala and SwaziPharm Director Kareem Ashraff declined to comment about the matter.

Courts are currently grounded amid the ongoing attempt to remove the Chief Justice as Head of the Judiciary, the King has delayed the appointment of the JSC resulting to some Acting Judges, Magistrates, Master of the High Court Assistants and other judicial officers vacating their positions after the expiry of their contracts. 

This resulted to a backlog of cases as the courts are now without adequate human resources and, the Ministry of Public Service has been allegedly refusing to allow the Chief Justice to employ new staff pending the appointment of the JSC.

The CJ stands accused of fraud and corruption, maladministration and/or abuse of power, the Law Society has been calling for his impeachment for sometime now.